Colorado · Medical Malpractice
Colorado medical malpractice damage caps and statute of limitations
Refreshed 2026. $530,000 (2026) damage cap. 2 years from discovery of injury. Full breakdown below.
Damage caps
CO Rev. Stat. § 13-64-302Non-economic damages cap
$530,000 (2026)
Total damages cap
None
Status
active
Notes
HB 24-1472 increased caps starting 2025. Increases $115,000/year: $645,000 (2027), $760,000 (2028), $875,000 (2029). Biennial inflation adjustment after 2029. Wrongful death cap: $810,000 (2026). Presentment required before suit.
Statute of limitations
CO Rev. Stat. § 13-80-102.5Standard SOL
2 years from discovery of injury
Discovery rule
Yes; runs from when plaintiff knew or should have known
Statute of repose
3 years from act or omission
Minor exception
Tolled during minority; but subject to 3-year repose
Wrongful death SOL
2 years from date of death
Notes
Foreign object exception: 2 years from discovery with no repose limit.
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Colorado med-mal FAQ
What is the medical malpractice statute of limitations in Colorado?+
2 years from discovery of injury. Yes; runs from when plaintiff knew or should have known Statute of repose: 3 years from act or omission. Wrongful death: 2 years from date of death. Foreign object exception: 2 years from discovery with no repose limit. Source: CO Rev. Stat. § 13-80-102.5.
Does Colorado have a medical malpractice damage cap?+
Non-economic cap: $530,000 (2026). HB 24-1472 increased caps starting 2025. Increases $115,000/year: $645,000 (2027), $760,000 (2028), $875,000 (2029). Biennial inflation adjustment after 2029. Wrongful death cap: $810,000 (2026). Presentment required before suit. Source: CO Rev. Stat. § 13-64-302.
How does Colorado handle the discovery rule in med-mal cases?+
Yes; runs from when plaintiff knew or should have known
What is the Colorado minor exception for medical malpractice?+
Tolled during minority; but subject to 3-year repose
What is the wrongful death statute of limitations for Colorado medical malpractice?+
2 years from date of death
Other state lookups
This tool is informational. It is not legal advice. Colorado damage caps and statute of limitations periods change frequently. Always verify against current statute and consult a licensed Colorado attorney before relying on a deadline. Data refreshed May 2026.